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Email disclosure/British Airways price-fixing trial

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Jamie
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"What became apparent last Wednesday was that there remained some relevant material in the hands of Virgin Atlantic which was, as yet, undisclosed to the defence," Mr Latham said.

He said those documents would have had an "appreciable impact" on the evidence of key prosecution witness Paul Moore, Virgin's director of corporate affairs who was controversially granted immunity by the OfT in return for giving evidence against BA.

In particular, one email dated March 21 2005 showed that Virgin increased its fuel surcharge to £6 instead of £5 before speaking to BA, suggesting no price-fixing took place on that occasion.

Mr Latham said 70,000 emails were found last week which had not been disclosed, some 12,000 of which were sent or received by Mr Moore, "the central plank of the prosecution case".

The court was told the missing emails were in corrupted files which had been dismissed as irrelevant during the initial investigation.

But last week it emerged the corrupted files could be repaired and contained the "large quantity" of emails.

Mr Latham told the jury of eight men and four women the judge ruled last week that all the documents, even those not deemed relevant, needed to be disclosed by today.

"We needed to satisfy a negative," Mr Latham said.

He said prosecutors realised this was not "logistically possible" in the timeframe given by the judge "when the full scale of the necessary exercise became apparent".

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